IMO Urges States to Ratify 2010 HNS Protocol
The treaty was adopted on 30th April 2010 and was open for signature from 1st November 2010 to 31st October 2011. The 2010 HNS Protocol now remains open for accession.
Denmark was the first to sign the treaty, subject to ratification, on 14th April 2011. Canada, France, Germany, The Netherlands, Norway and Turkey signed the treaty, subject to ratification (or in the case of The Netherlands, subject to acceptance), on 25th October 2011.
This signing, by representatives of the six countries concerned, was overseen by IMO Secretary-General Mitropoulos. Mr. Jose Maura, Acting Director (director from 1st November 2011) of the International Oil Pollution Compensation Funds (IOPC Funds) was also present. The IOPC Funds has been working closely with the IMO to expedite the entry into force of the HNS Convention as amended by the 2010 Protocol.
Greece also signed the treaty, subject to ratification, on 31st October 2011.
Under the 2010 Protocol, if damage is caused by bulk HNS, compensation would first be sought from the shipowner, up to a maximum limit of 100 million Special Drawing Rights (SDR) (around USD150 million). Where damage is caused by packaged HNS, or by both bulk HNS and packaged HNS, the maximum liability for the shipowner is 115 million SDR (USD172.5 million).
Once this limit is reached, compensation would be paid from the second tier, the HNS Fund, up to a maximum of 250 million SDR (USD375 million) (including compensation paid under the first tier). The Fund will have an Assembly, consisting of all States Parties to the Convention and Protocol, and a dedicated secretariat. The Assembly will normally meet once a year.
Under the 2010 HNS Convention, HNS are defined by reference to lists of substances included in various IMO Conventions and Codes. These include oils; other liquid substances defined as noxious or dangerous; liquefied gases; liquid substances with a flashpoint not exceeding 60°C; dangerous, hazardous and harmful materials and substances carried in packaged form; and solid bulk materials defined as possessing chemical hazards. The Convention also covers residues left by the previous carriage of HNS, other than those carried in packaged form.
The treaty defines damage as including loss of life or personal injury; loss of or damage to property outside the ship; loss or damage by contamination of the environment; the costs of preventative measures and further loss or damage caused by them.
The treaty introduces strict liability for the shipowner and a system of compulsory insurance and insurance certificates.
